DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-6 and 9 have been considered but are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Usui et al. (US 2020/0348819, hereinafter “Usui”) in view of Sandbach et al. (WO 99/60357, hereinafter “Sandbach”), Cok et al. (US 2006/0102452, hereinafter “Cok”), and Sun (US 2019/0234817). Regarding claim 1, Usui discloses a two-wire touch panel, comprising (Fig. 2, [0037-0039], two-wire resistive touch panel 400D): a first wire, a second wire, an upper conductor layer, and a lower conductor layer (Fig. 2, [0037-0039], first wire X1, second wire F, upper conductor layer 402, and lower conductor layer 404), wherein the first wire is connected to the upper conductor layer, the second wire is connected to the lower conductor layer (Fig. 2, [0037-0039], first wire X1 is connected to upper conductor layer 402 and second wire F is connected to lower conductor layer 404). Usui does not explicitly disclose a fabric touch panel and a middle conductor layer, the middle conductor layer has different resistances at various positions in a plane, wherein at least one of the upper conductor layer and the lower conductor layer is isolated from the middle conductor layer when an external force is absent, and a resistance between the upper conductor layer and the lower conductor layer is infinite, and wherein the upper conductor layer and the lower conductor layer are connected through the middle conductor layer at a pressure position when subjected to pressure, such that a resistance signal is measured through the upper conductor layer and the lower conductor layer, and at least two of the upper conductor layer, the middle conductor layer and the lower conductor layer remain isolated. Sandbach teaches a fabric touch panel and a middle conductor layer (Abstract, sensor formed of fabric conductor layers; Page 3, fifth paragraph, pressure sensor including at least three conductive layers), the middle conductor layer has different resistances at various positions in a plane (Page 5, first and fourth paragraphs, resistance is proportional to the position of contact of the electrical sheets resulting in the middle conductor layer for a three layer sensor having different resistances at various positions in the plane of the middle conductor layer), wherein at least one of the upper conductor layer and the lower conductor layer is isolated from the middle conductor layer when an external force is absent, and a resistance between the upper conductor layer and the lower conductor layer is infinite (Page 5, first paragraph, upper (A) and lower (B) layers are separated by middle layer and to open mesh (C) layers between conductive layers such that upper and lower layer are not in contact or isolated with infinite resistance when no pressure or external force is applied), and wherein the upper conductor layer and the lower conductor layer are connected through the middle conductor layer at a pressure position when subjected to pressure, such that a resistance signal is measured through the upper conductor layer and the lower conductor layer, and at least two of the upper conductor layer, the middle conductor layer and the lower conductor layer remain isolated (Page 5, first and fourth paragraphs, when sufficient pressure is applied to bring upper (A) and lower (B) layers in contact with the middle layer through open mesh (C) layers at a pressure position a resistance signal Ra is measured and the upper (A) and lower (B) layers remain physically isolated from each other by the middle conductor layer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two-wire touch panel of Usui to have a fabric touch panel and a middle conductor layer, the middle conductor layer has different resistances at various positions in a plane, wherein at least one of the upper conductor layer and the lower conductor layer is isolated from the middle conductor layer when an external force is absent, and a resistance between the upper conductor layer and the lower conductor layer is infinite, and wherein the upper conductor layer and the lower conductor layer are connected through the middle conductor layer at a pressure position when subjected to pressure, such that a resistance signal is measured through the upper conductor layer and the lower conductor layer, and at least two of the upper conductor layer, the middle conductor layer and the lower conductor layer remain isolated, such as taught by Sandbach, for the purpose of providing a two-wire fabric pressure sensor. Usui as modified by Sandbach does not explicitly disclose the middle conductor layer has a conductivity significantly lower than conductivities of the upper conductor layer and the lower conductor layer. Cok teaches to have an intermediate spacers as an intermediate layer between an upper conductive layer and a lower conductive layer with lower conductivity ([0022], spacer dots 50 have lower conductivity than first conductive layer 14 and second conductive layer 18). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two-wire touch panel of Usui as modified by Sandbach to have the middle conductor layer has a conductivity significantly lower than conductivities of the upper conductor layer and the lower conductor layer in areas where spacer portions of the open mesh formed on flexible insulating material is formed to separate the three conductive layers from each other, such as taught by Cok, for the purpose of preventing current flow between the conductive layers when no pressure is applied (Cok, [0022]). Usui as modified by Sandbach and Cok does not explicitly disclose the middle conducting layer creating a unique correspondence between the position and the resistance. Sun teaches a multilayer sensor detecting pressure and having a middle layer formed of a conductive fabric (Fig. 3D, [0093], conductive fabric layer 346). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two-wire fabric touch panel of Usui as modified by Sandbach and Cok to form the middle layer as a conductive fabric layer, such as taught by Sun, for the purpose of detecting pressure based on a touch. The modified touch panel having a middle layer formed of a conductive fabric would create a unique correspondence between the position and the resistance. Regarding claim 3, Usui as modified by Sandbach, Cok and Sun discloses the two-wire fabric touch panel according to claim 1, further comprising an elastic isolation layer between one of the upper conductor layer and the lower conductor layer and the middle conductor layer, or comprising elastic isolation layers respectively between the upper conductor layer and the middle conductor layer, and between the middle conductor layer and the lower conductor layer (Sandbach, Page 3, fifth paragraph and Page 5, first and fourth paragraphs, open mesh (C) formed of flexible insulating material between each of the conductive layers is formed as elastic isolation layers), wherein the elastic isolation layer or each of the elastic isolation layers is provided with through holes, such that when subjected to the external force, at least one of the upper conductor layer and the lower conductor layer is in contact with the middle conductor layer through the through holes to form a conductive path (Sandbach, Page 3, fifth paragraph and Page 5, first and fourth paragraphs, open mesh (C) formed of flexible insulating material between each of the conductive layers is formed as elastic isolation layers having though holes for allowing the upper conductive layer (A) and lower conductive layer (B) to contact the conductive fiber middle conductive layer when sufficient pressure is applied).
The motivation is the same as in claim 1.
Regarding claim 4, Usui as modified by Sandbach, Cok and Sun discloses the two-wire fabric touch panel according to claim 3, wherein the upper conductor layer, the middle conductor layer, the lower conductor layer, and the elastic isolation layer or layers are made of a textile material, and the elastic isolation layer or each of the elastic isolation layers is of a planar structure or a curved surface structure (Sandbach, Page 3, fourth and fifth paragraph and Page 5, first and fourth paragraphs, sensor formed of fabric structure; the upper conductive layer (A), and lower conductive layer (B), and open mesh (C) formed of fabric textile material and each of the elastic isolation layers (C) is of a planar structure). The motivation is the same as in claim 1.
Regarding claim 5, Usui as modified by Sandbach, Cok and Sun discloses the two-wire fabric touch panel according to claim 3, wherein the elastic isolation layer or each of the elastic isolation layers is any one of an elastic mesh fabric, an elastic net fabric, or a loose-structured elastic fabric woven or knitted from elastic fibers, and is connected to at least two of the upper conductor layer, the middle conductor layer, and the lower conductor layer through adhesives, sewing integration or three-dimensional weaving or knitting technology (Sandbach, Page 4, second paragraph, sheets of textile woven or knitted together with yarns or fibers; Page 5, first paragraph, open mesh (C) formed of flexible insulating material as elastic mesh fabric and is connected to at least two of the upper conductor layer, the middle conductor layer, and the lower conductor layer through adhesives, sewing integration or three-dimensional weaving or knitting technology (Page 6, last line and Page 7, first paragraph). The motivation is the same as in claim 1.
Regarding claim 6, Usui as modified by Sandbach, Cok and Sun discloses the two-wire fabric touch panel according to claim 1, wherein when the middle conductor layer is a continuous conductor, a thickness of each unit plane of the middle conductor layer is significantly lower than a width and a length of the unit plane (Sandbach, Page 3, fifth paragraph, middle conductor layer is a continuous conductor as a conductive fiber layer in areas where open mesh is not contacting middle conductor layer and a thickness of each unit plane with mesh opens is significantly lower than a width and a length of the unit plane).
The motivation is the same as in claim 1.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Usui in view of Sandbach, Cok, and Sun as applied to claims 1 and 3-6, and further in view of Spath et al. (US 2006/0274048, hereinafter “Spath”). Regarding claim 9, Usui as modified by Sandbach, Cok and Sun discloses the two-wire fabric touch panel according to claim 1, but does not explicitly disclose wherein the upper conductor layer and the lower conductor layer are double-layer or multi-layer flexible conductive films obtained by deposition, chemical plating, or electrochemical plating. Spath teacheswherein the upper conductor layer and the lower conductor layer are double-layer or multi-layer flexible conductive films obtained by deposition, chemical plating, or electrochemical plating (Fig. 2, upper conductive layer as a double layer 134b, 136b and lower conductive layer as a double layer 134a, 136a; [0050, vacuum deposition method of manufacturing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two-wire fabric touch panel of Usui as modified by Sandbach, Cok and Sun to have wherein the upper conductor layer and the lower conductor layer are double-layer or multi-layer flexible conductive films obtained by deposition, such as taught by Spath, because such a modification is simple substitution of one type of conductive layer for another producing a predictable result of forming conductive layers in a known economical deposition method of manufacturing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH PATRICK FOX whose telephone number is (571) 270-3877. The examiner can normally be reached 9:00-5:30 EST.
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JOSEPH PATRICK FOX
Examiner
Art Unit 2622
/JOSEPH P FOX/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622